Justice Department about to free 6,000 prisoners

Washington Post

October 6, 2015

WASHINGTON — The Justice Department is preparing to release about 6,000 inmates early from prison — the largest ever one-time release of federal prisoners — in an effort to reduce overcrowding and provide relief to drug offenders who received harsh sentences over the past three decades.

The inmates from federal prisons nationwide will be set free by the department’s Bureau of Prisons between Oct. 30 and Nov. 2. Most of them will go to halfway houses and home confinement before being put on supervised release.

The early release follows action by the U.S. Sentencing Commission — an independent agency that sets sentencing policies for federal crimes — which reduced the potential punishment for future drug offenders last year and then made that change retroactive.

The commission’s action is separate from an effort by President Barack Obama to grant clemency to certain nonviolent drug offenders, an initiative that has resulted in 89 inmates being released early.

The panel estimated its change in sentencing guidelines eventually could result in 46,000 of the nation’s approximately 100,000 drug offenders in federal prison qualifying for early release. The 6,000 figure, which has not been reported previously, is the first stage in that process.

Texas has 20 federal prisons holding nearly 30,000 inmates, including a low-security facility in Bastrop with 1,400 prisoners. San Antonio is home to a Bureau of Prisons halfway house.

“The number of people who will be affected is quite exceptional,” said Mary Price, general counsel for Families Against Mandatory Minimums, an advocacy group that supports sentencing reform.

The Sentencing Commission estimated that an additional 8,550 inmates will be eligible for release between this Nov. 1 and Nov. 1, 2016.

The releases are part of a shift in the nation’s approach to criminal justice and drug sentencing.

Along with the commission’s action, the Justice Department has instructed its prosecutors not to charge low-level, nonviolent drug offenders who have no connection to gangs or large-scale drug organizations with offenses that carry severe mandatory sentences.

The U.S. Sentencing Commission voted unanimously for the reduction last year after holding two public hearings in which they heard testimony from former Attorney General Eric Holder, federal judges, federal public defenders, state and local law enforcement officials, and sentencing advocates.

The panel also received more than 80,000 public comment letters with the overwhelming majority favoring the change.

Congress didn’t act to disapprove the change to the sentencing guidelines, so it became effective on Nov. 1, 2014. The commission then gave the Justice Department a year to prepare for the huge release of inmates.

The policy change is referred to as “Drugs Minus Two.” Federal sentencing guidelines rely on a numeric system based on different factors, including the defendant’s criminal history, the type of crime, whether a gun was involved and whether the defendant was a leader in a drug group.

The sentencing panel’s change decreased the value attached to most drug-trafficking offenses by two levels, regardless of the type of drug or the amount.

An average of about two years is being shaved off eligible prisoners’ sentences under the change. Although some of the inmates who will be released have served decades, on average they will have served 81/2 years instead of 101/2, a Justice Department official said.

“Even with the Sentencing Commission’s reductions, drug offenders will have served substantial prison sentences,” Deputy Attorney General Sally Yates said. “Moreover, these reductions are not automatic. Under the commission’s directive, federal judges are required to carefully consider public safety in deciding whether to reduce an inmate’s sentence.”

In each case, inmates must petition a judge who decides whether to grant the sentencing reduction. Judges nationwide are granting about 70 sentence reductions per week, Justice officials said. Some of the inmates already have been sent to halfway houses.

Critics have raised concerns that allowing so many inmates to be released at the same time could cause crime to increase. But Justice Department officials said about a third of the inmates who’ll be released are foreign citizens who will be quickly deported.